Issue - meetings

Joint report by Head of Environmental Health and Housing and Service Lead Environmental Protection (attached)

The Committee considered a joint report by the Head of Environmental Health and Housing and Service Lead Environmental Protection (circulated previously) regarding an update on the current status of the Council’s regulation of the noise related planning conditions associated with Batsworthy Cross Windfarm in pursuance to minute 43 of the meeting held on 7^th October 2019.

The Service Lead Environmental Protection Officer highlighted the following:

·         Noise compliance monitoring at six locations close to Batsworthy Cross Windfarm had confirmed compliance with the noise related planning conditions at five of the six locations.  Exceedance of the noise limits in the sixth location had been confirmed.

·         On 16^th August 2019, the Council had advised the operator of this situation and requested details of a proposed further mitigation strategy for properties in the vicinity of Birchwood House and a statement of the turbine operating parameters relating to the 2016-17 and 2018-19 surveys within 30 days. 

·         In response, the operator had requested technical information from the Council to help inform their response.  This information was provided to them on 25^th September 2019 requesting their full response by 25^th October 2019.

·         The developer had reviewed this information and had challenged the information presented to them stating that the incorrect data had been used.  The developer’s technical data was incorrect and the Council was satisfied that the position remained the same and there was still non-compliance at the sixth location.  The developer had been advised of this position on 1^st November 2019 and had been given a further 30 days to submit the mitigation strategy.

The Head of Environmental Health and Housing advised that the view had been taken that the developers response was reasonable and therefore a further 30 days had been given to submit the mitigation strategy.

Frances King (Nutcombe Cottage, Ash Mill) addressed the Committee.

In response to the issues raised by Frances King, the Head of Environmental Health and Housing advised that the Council would investigate the statutory noise nuisance complaint under planning condition 38.

Jane Faust addressed the Committee.

In response to the issues raised by Jane Faust, the Head of Environmental Health and Housing advised that he was confident with the approach that was being undertaken with the developer.  He had previously discussed with Jane Faust the improvement to be made to communications and closer dialogue with the community and he made a commitment to engage with the community on a more informal basis in the future. 

In response to questions from the Committee, the Head of Environmental Health and Housing advised that an update report would be presented to the Committee at its meeting on 6^th January 2020 and that Members would be provided with an update on the position prior to Christmas.  A meeting would be held with the community prior to Christmas and Councillors Ley and Yabsley would be invited to attend the meeting.

Joint report by Head of Environmental Health and Housing and Service Lead Environmental Protection (attached)

The Committee considered a joint report by the Head of Environmental Health and Housing and Service Lead Environmental Protection (circulated previously) regarding an update on the current status of the Council’s regulation of the noise related planning conditions associated with Batsworthy Cross Windfarm.

The Head of Environmental Health and Housing highlighted the following:

·         The Noise Consultant (HLA) carried out measurements at two locations (The Ridge and St Michael’s/All Angels).  These measurements were made between December 2018 and May 2019.  The Council has also secured sufficient measurements at the Birchwood House proxy location to allow a proper judgement to be made on whether the windfarm was compliant with the noise limits in this area.

·         The Council’s acoustic consultant had concluded that despite the inability to derive precise values for wind farm noise levels directly from the measurements, using the procedures in the Method Statement, there was reasonable certainty that the wind farm was compliant with the noise limits at St Michael’s and All Angels.  Measurements reported at the proxy location for Birchwood House, however, indicated that further mitigation was required to achieve compliance.

·         On 16^th August 2019, the Council advised the operator this situation and requested that a mitigation strategy be provided within 30 days.  The operator had requested an additional reasonable amount of time which had been agreed. 

·         An update report would be presented to the Committee on 4^th November 2019 in light of the non-compliance.

In response to questions, the Head of Environmental Health and Housing advised that the conditions of the planning consent allowed the operator to adjust settings to comply with the conditions and that this was monitored and evidenced to ensure compliance.  He gave assurance and commitment to the residents that the Council would regulate to ensure full compliance.  The operator had requested a further 30 days extension.

Francis King (Nutcombe, Ash Mill) addressed the Committee.

In response to the issues raised by Francis King, the Head of Environmental Health and Housing advised that the Council would investigate the statutory noise nuisance and would liaise with the Service Lead Environmental Protection upon his return.

Jane Faust addressed the Committee.

In response to the issues raised by Jane Faust, the Head of Environmental Health and Housing advised that the Council was committed to regulate planning conditions 37 and 38 and the statutory noise nuisance.

In response to further questions, the Head of Environmental Health and Housing advised that the report to be presented to the next meeting of the Committee would include an update on the regulation of compliance with planning conditions 37 and 38 and the statutory noise nuisance.  Originally noise compliance monitoring was undertaken at six locations close to Batsworthy Cross Windfarm.  Because inadequate data was collected, the Council had requested the operator to carry out further noise measurements at three of those locations.  The regulation of the conditions 37 and 38 was provided by Planning and the Environmental Protection teams.